LEGAL PRINCIPLE: APPELLATE PRACTICE – Consideration of Issues – When Appellate Court May Determine Appeal on One Issue Only
PRINCIPLE STATEMENT
An appellate court has a duty to consider all the issues placed before it vide Okonji v. Njokanma (1991) 7 NWLR (Pt.202) 131. But in the instant case the issue on which the appeal was decided was the most important 'live' issue before it challenging as it does the order of non-suit on the claim for declaration of title. If a Court of Appeal is of the view correctly that a consideration of one issue is enough to dispose of the appeal, it is not under any obligation to consider all the other issues posed. If however it is erroneous in its decision, the consequence may be the setting aside of its decision on appeal with an order for re-hearing.An appellate court has a duty to consider all the issues placed before it vide Okonji v. Njokanma (1991) 7 NWLR (Pt.202) 131. But in the instant case the issue on which the appeal was decided was the most important 'live' issue before it challenging as it does the order of non-suit on the claim for declaration of title. If a Court of Appeal is of the view correctly that a consideration of one issue is enough to dispose of the appeal, it is not under any obligation to consider all the other issues posed. If however it is erroneous in its decision, the consequence may be the setting aside of its decision on appeal with an order for re-hearing.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in *7-UP Bottling Company Ltd. & Ors v. Abiola and Sons Bottling Company Ltd.* (2001) NLC-631996(SC) at p. 11; Paras C–E.
"An appellate court has a duty to consider all the issues placed before it vide Okonji v. Njokanma (1991) 7 NWLR (Pt.202) 131. But in the instant case the issue on which the appeal was decided was the most important 'live' issue before it challenging as it does the order of non-suit on the claim for declaration of title. If a Court of Appeal is of the view correctly that a consideration of one issue is enough to dispose of the appeal, it is not under any obligation to consider all the other issues posed. If however it is erroneous in its decision, the consequence may be the setting aside of its decision on appeal with an order for re-hearing."
EXPLANATION / SCOPE
While appellate courts generally must consider all issues raised, they may determine an appeal on a single dispositive issue if that issue is the most important “live” issue. If the court correctly decides that one issue resolves the appeal, it need not consider others. However, if the decision on that issue is erroneous, the consequence may be reversal and re-hearing. This promotes judicial efficiency—avoiding unnecessary pronouncements on issues that do not affect the outcome. The court must be confident that the chosen issue is truly dispositive. Error on that issue risks complete reversal.